= • . 1 1LITis • . r jr • . . • - rfna ' e th r e o t p , out, ests • jo t . • 1111 I.l i it s S I. /.." 141 1P • . . . . , f • enorge Vabtisiler, e•ifairs Pinisas. • REPORT • Of the Committee on Territories, to the: Sen. 'ate of the United o, the a fare of Kanta*. Your ,committee - deem this an up propri ate occasion to state briefly, but diAinetly, th e priiniiplest!pon which new States may be ad mitted and Territories organized under the :iuthority of the constitutiou - of the United States. • . . . The constitution (seetion3. articleA - pro- • 'tides that !:• new States may he adiuitted by the Congress into this Union." 1 - Sec, 8, Artiele 1:: "Congress shall have i poive . r to make all laws which shalt, be ne.ces-.1 sary and proper .for carrying into execution i thelbregoino• powers, and all ether powers i vested by this ckinstit ution in , the, govern nett of the United States, or in any depart- ; Mint or Office thereof." . I 10th'-amendthent :;" The°. powers not dele- giitei to theynited-States by the constitution 1 nOr prohibited by it t o . the States, are reserv- i ed to the`States respectively, or to the Teo- l i_.., u • . , I T i . ..,.\ •1A State pt the Federal Union is a, sover-.. eign power,limited only by the constitution of the United States., The limitations which that instruenent has. imposed are few, specifte., And utifoi in 7-7:ip plicable alike•to all the Starr,:old and n e w. Tilfre is no authority • fur' putting a • restrie ,*.iory open the soveteignry.of a. new State,— ...which the Cotistitution has not placed on the original. States. ' Indeed, if s uch a 'restrietion could lie imposed ou anit State, it would in stantly cease to be ti :digit within the r. eau iriLT o f the, federal constii (Ilion, and, in con 4ienee of the inequality, would as:similate ti'ii the eolidition.of . a :province -dependency. :Bence, equality among all the States of the• Union is aturciiiimental principle in our fed i 'ertive systeni-- : aprincliile embodied in the . chnstitution.' as, the basis upon .. 141)1a the American Union rests.' [ ' • ''-.- Afritiau zshivory existed. in all the colonies, u l eder the sanetion of the British goVbrnment, , prior to the beefitration of Independence.—• When the constitution of the United. States tens :11101/tell, it became the supreme law amid llond of union between, twelve slave-holding ' states r, and oneinbn-slave-ho l d i ng State. Each -s, State re.servt,l the right to decide the pies don of slavery for itself—to continue it'as • a domestic institution as long as it pleased, And to abolish it when it chose. In pursuance of this reserved fight, six of the origiitl, slavOloliling States ;have abol ishei and prbilibilied slavery within their lim its resNetively, -tvithotit consulting Congie.ss 'Or their Sister States, - Wliile time other sixilave retained :mil snstained it as a domestic, in .. , StitutiOn, which, in their opinion., had become I 'So fairly ,a4rafted on tl eir social systems.. • t tithat the relation . between master and ,slave [could e et i: ; -e , tliss.,lVe4l uitli safct.4oither. lin the nienatilue,•eiiditeen new estates have i , een 'a Ini iiti_i into the UM:in, in Otied i !Int . ' le the federal constitution, on equal foot , nig with: the ,Original States; including; of bourse, the right of each to decide the . sues-• :non of slavery for itself. In - dkiding this ' ipiestion, it so happened , that- nine of these new' Stat es haverAbolislied And prohibited 1 - slavery, while the'iother nine have ,retained • and regulated it. -That these new States had - iit, the time of their admission, and still .retain an equal right,nnder the constitution. with 1 . the original States; to deeide all questions.of ;41.omestae-policY for tbeniselves, ndluding that 'of African,slavery„ ougliCriot t be very seri ously': questione.d,, and certain y cannot be - IsuCbessfullV controverted. They are all sulieet to the same supreme law, which, hy the 4 consent of each, contsti iltutes the se only limitation Upon their veretgn Authority. . • • 1- Since we find the. right to adMit new State en umetited .amonm. the powers.expresslv - del egated to the constitution,thequestion'Arises : whence does ,COngre-i-st.letire authority to or- . g . aniztntemyorniy goternments for the Terri toris preparatory to .heir admission into. the Union on an equal footing .with the original ''States / Your committee . a're not prepared ',to 'adopt the reasoning. WhiCh deduces the power from thatiother elausefof the constitu tion' .which sivs: , "Conirre's.s shall have power to 'Make all !needful lutes 're , zulations respecting the . !.territory or. other. • property belonqi to' to - the :Uniit. Stites." The\ Rage of this clause is much more AppropriateettApitlied to property than to Pertns. 4,t would seem to have . been em ployed fors' the purpose of conferring :upon Congress ihe power of disposing,. of he pub lic lands and other property belonging to the United States, and to make all needful. rules _and regulationtfor that purpose, rather than to govern, the people • who might purchase those lands of the Uni‘ed- States an l liecortie residents thereon. The word'" territory." ss:a, an appropriate expression "to .designate that large area of public lands of white the - United States had beeorue the owner by „virtue of the - revolution and • the cession by the several several State's. The. additional Words "or other property belonging to the United States" elearl v. show - that 'the Aeon territory". was - users In* geographical sense to designate the public dornain, and not as desc.riptivti•of the whole body of the• people, constituting a d is- tiuct political community; who have no rep- Wtsentatiun in Zona.`ress,' and monsequentiv no ruicein makinir the e laws upon which s :. all , their rights and liberties would depend, if it were con,:eied i'pliat Congress, _had the ri;ht to make all . needful rules and 'regulation , concerning" ,their internal affairs — and domes gin concerns. , - is tinder this clause of the constitution And from thia alone, that Con grew derives authority to provide for the sur veys of -the public lands, for securing pre emption rights to actual settlers, for the es tablishment of land offt,:ees in the several State.and Territories, for exposing the lands to private and public sale, for, issuing patents and confirming titles, anleiteshort,'for Mak ing all needful rules and regulations for pro-. tectingand disposing of the public domain and other property belonging'to the United States. jj These needful rules and regulations way l ee embraced; and usually are . found, in gen eral lama applicable alike to Stites and Terri tories, Wherever the United States may be owner of the lauds or other property to be regtflated or diepueed of it eau wake no dif forsook wader this clause otthe oonsttutiou, whether the " territory. or otter,' property belonging to the huffed 'States." shall be sit- tutted. in Ohio f or Kansas, in Alabama or Minnesota, in California or Oregon. The power of 'Congress to make needful; ru les and regulations is the same in the States and Ter-. ritories, to the extent that t h tide is vested in the United State=. Inasmuch.asf the right . of legislation in such Cases rests exclusively Upon the fact of ownership, it is Obvious it can extend only to' the tracts of. land to whieli the United-States possess the must cease in repe.ct to etielt tract the linstant it becomes private property by' purclmse, flow the United States.- scarcely he contend ed that Congress possesses the power to legis late for the , people of those States oin whiCh public lands may be located, in respect to theeinietnal atfairs and domestic concerns, merely because the United States May be so fortunate as to own it portion of the Territo ry and other property within the tlimits :of those States. Vet it, shi,mlc - I be•oorite in mind that• this clause of the , constitution c upon Congress the same power to make-need ful rules and regulations'. in .he elates l is .it - does in this Territories; mhcern ing the Territory or 'other property belonging to the United States . . In view of these censiderations;:your mittee 'are not ptepared to taunt Con, gross derives authority_ to institute govern- tnent•• for the people of the Te,rritoties, from °that elause of theconstitntion witruh coitfets the right to rnike:needful rules and ,regula tions isonceriug the territory or -other -proper . ty belonging to the E State; much less t . :411 we deduce, the power front any supposed necessity-,:raising outside of the - d.institutiriv, and not provided for in that inst rutnent. The; federal government: is . one Of delegated and lintited.itOwers, cloth'erl with no 'rightful ittt thurity which does not result directly and necessarily from the c c -1;6(10cm . . Nec.Fessity, clearly demonstrated its existen ce; may fern- . ish . :satisfactory reasons for enlarging the 'au thority of the ledistal go:erntrient,jby atrrentl metes- to the cottititution, in the ;malt pre sett bed iu the •itts4ument; but civnnot afford the slightest excuse for ihrt assinnption: of powers not, delegated,a lid which, by the tenth amendment, are 'is . i;pressly " reserYeti to the- S.aces ti_.spiste'.yely. or to die peopf 2 e." Hence b e f ore the power can be safely exercised, the tigut of Congress to organize Territories,.: by Instituting teinpotry goverumentii, must:' be traced directly to sumo provision-'of the Con= coufering the authOrityr in express tetnis; or as' tne , lns necessary to !and proper to early into ace'. some one or !more of the powers which are sp e cifi ca lly delegated. Is not the orginization ofa ferriterV eminent ly -necisary andlproper as a - means: of ena bling the pe o ple 11e to form and mould their local atria ,lento-.tic institutions, and, es tabtish a-State gisvernment unrler-tlhe'authbr ity 'Of the co.n4tutions, preparatory to its ad , mission into tit; Union ? If so, the right of ;.Congress to pars the organic act, fbr the tem-• perary goVernTrifiett is clearly int.:bided in;.the provision w c 1 auCnorizes tiny. Esdanssivat of • new Stitt beiti att . tilt:l , l,7l:c 7 : - . 4 , :e.Rpress grant. , Te , tiTting Itomit by ne.oessary itripiicatior4 as an ap , t ae,riate tistati s for carrying iti into effect, • toast be exercised in harmony : with the • mr ;tire and objects of the grant from which it ss deducetl. The organKi act of d ielertitOry deriving its validity Erna the peiver• of 'Con gresS to adirfitlnew states, inustt contain no p:ovision. or restriction which would destroy. or impair the eqaalityof . tini - prlivosed State with the original States, or - impose any - upon its sOvere.Tgrity - Whiidk.- the 'con stitution has not place:loa all the States.—• So far as the Oraanirati:m of a Territory:, may be necessary and proper as a means of-Carry ing into elf,.le,t, the provisic,n of the constitu-, lien for the admission of New' States,! and when exercised with reference duly . to ; that em.l;the power of CiAg.ri.lSS is clear and es- . 'elicit ; ; but beyond that , point the authority, cannot extend, for the- reason that all "lpow ers not delegated to the United States by the constitution; . : nor. .prohibited by . it to . i the States; are•reserYed to the States respectively, • or . to the. people." In other wo6ls.„' the oigan7.-. ie act of the Tertitary, confornaing to the spirit of the r grant ftorn which i• receives its validity, most leave. the-pcopl entirelY.free to form and •regulate their domestic lions and internal concern in their. own way subject only to the constitutiorilof the Unitel States, to-the end that then they: attain the requisite population, and estadiliSh a • . Stare • (rovernment in conformity to the federal con-° stitutiOn; they may be admitted into the Um, ,ou op a,I) • equal for:oin , r with! the 'original „States in all respects whatsoeve'r, • •. The act of Coir . , :rress for _the d,rm rs anization of the Territ, dies of Kansas 'an , ' ..I•ebraska, was designed to conform tcf the spirit and letter of the federal constitution, by preserving and • timintainiux the finclatnental principles of equality among all the States Of. the Union, uotwiths:anding the - restriction contained in the Bt.hstectiOn• of the act of MaYely 0. 1820, preparatory to the admission ofMissOuri.in. to the Union.) which assutned tti denyito the people forever the right to settle the question f of slai . ery for, them elves, provided they should :make their homes and drgauizelS:ates north of thirty-six-degrees•and thirty Minutes north latitude. Conforming to the cardinal principles of State equality and self-govern ment, in obedience to the.con4itution; corn promise measure-s of 1850,..tha,." when ad mitted as a Suite, the said Teriltory, - or :any portion of the same, shall be received into the Union, with or without slafer, as their con , stitutiotis may Prescribe at theftime df :their admission." Again, after deehrring the said Bth section of the Missouri sit _(sometimes' known as the Missouri t,omprdinise, or Mis souri restriction) inoperative slid void as be-. l ing repugnant to these 'principles, the . par- pose :of Gougress, - in passim.); the act, is • de , Glared in these words : • " It tieing. the true intent and - meaning of this act not to. legis late . slavery into any State or iTerritery,' nor to e xclude it therefrom,-but to leive„thapeo ple thereof perfectly free to forM-'and regulate their domestic .inqttations in !their own *ay; •- subject only to- the.constitutioit of the United . States." . The *sage of the lc,attrats' Nebraska:, act, - was strenuously resistrd by all persOns who thought it &less evil to deprive the people of new States and .TetritOries Of the right of State equility'and self-gOvernment under the constitution, than to allow- them to decide 'the slavery question fur themielves, as every State of the Union had done, and trust retain the undeniable right to do, . tso long as the constitutiOu of the - United States ',shall be ,maintained . so thesopreine lande— ,riuding opposition to the principles 44 the . act tinavethng in thihalls of Conctess and A WEEKLY 3OUKTAL-DEVOTE'Et TO POLITICS, NEWS, LITERATURE, AGRICULTMIE,'SgENCE, - AND 3110M.1117. under the N 'ails of the constitution, cotnbi- I • • nation! wer‘i' immediately entered into in some portions of the Union-to .control, the political destinies , and-form and regulate the domestic institutions, of those Territories nod future,Stnte's, through tit machinery of emi-. grant aid lsoeieties. In o der to give eflieien -1 'cy and cn i. ni , : istencY to t ,e tnovement, and surround ItWith the colo of legal authority, i an act of onCorporatienas procured from . the legishititre of the Suit e of Massachusetts, io which tt ; 'was provided .in the first section, that twenty. persons they in named, arid their ," associates ; successors, • ad assigns,Are hero by made ii corporation, y the- name of the AlassachuS4ttss EinigrauAid Company, for the purpire of assisting emigrants to settle in the Woit. ; and for tIIS purpose they shall i beve'all the power and privilezes, and be sulject to the duties, restrictions, nod lia bilities set`forth in the , St.h.and 4 4th chap ters-of this 'revised stathtes" of -Massacliu - 1 - setts. . ,-; . I The second section stock of ilia conipany t tars, and anthorized t and peNonal est ion that "Alta said - eorr; real estate, in this cotuti bats) to i n amount each: sand do! : -Th4 a c ~ . ap:: al one hunil mi.),lii, tit . 'mem , os m The lc words: "-At a : meeting' of t...7e s'ockhulders, each .tockhoider shall be entitled to cast one cote: for l ehch share held . by him: probided, that no t'ockholder shall be entitled to east more than. fifty votes Pn shares held by him self, nor linine than fifty votes by proxy." ' Although the act' 'of incorporation does not distinctly declare that the company wat conned Or the purpose of controlling thii 4102' inestiii iastitutions of the 'Territory of Ran sac' tad Iforting it into the Union with a pro .hihition ; of slavery in Iher constitution,ri : gar4- i ‘ less . of the lights and vi-hes of the pei - iple as . guaranticd by the corqituti on of the United States, a 0 secured by their organic law, yet the who l le history of the movement, the cir camstat4,,es in which it had its origin, and the professions and avowals of all enga g ed it, reijdet it certain and' undeniable that. such was its object. To remove all doubt upon this point, your. commitee will here present a few extracts frOm'a Pamphlet poilished by the • company soon offer its organization, under the follow ing catition : --- . " TrOtees—Atnos A. Lawrence, Boston ; I. XL .% IVilliams, Cambridge; EIY Thayer, - Worcester. • . . . " Treriisurer, Amos A. Lawrence. - " Seci-clary, Thomas 11. Webb, Boston. Vele lairp,4.l of zayg-werin t , , mum:Toni, corn iftioue concerning the plan of ope .. Tali :'.._. -44.2 , 1-,:i•ivq. i. dli,i4 . -4...trriptt i 1 . 7,:, !ma - . the-res precs ofan-as errttory, w nem it is propo. k A now to settle, the. secretary of the complitiY has deemed it eipedient to publish the . following definite information in regard to this particular: . 4 ' * _ . . • " Fur. the, , e purposes it is recommended,ht Thai. tote contract immediately with so me one of the competing hues of travel for the conyeyauce of 20,000 persons froni .Nlts sachusttS to that .place in the West which the truttee shall select for their fiat Stentres - prided fur dividing the 'toil: of the eqrporatiott ittto:diarei of red dollars ealth, ttv l presetibed th e and hmount, iv which assess. taymade .3n each share. Itirth uvd last/ seetiOn_ was in thesti men: ."I is tecommended that the company's ,locate and take'up for the company's' :Othe sections of land in which . the ng-houseS and Mills are located, and ~ lers. Andl'ortheroaenever the Terri- 13211 tall be organized. as a free State, the tittst+s shall dispose of al: its interests Lere,- replace by the safes the monev.laid out, de clare S . dividend to•the s'toCkholdersorid that the ; ,then select anew field, and make shill -ar arrangements for the settlement and or gartizihion of another free State of , '.his Un ion." * *- " With ; the advantages attained by . such a s y st i fm o f effort, the territory 'selectc_d as the s4eme of operations would, it is believed, - be filled up with free inhabitants. : " * " There is reason to suppose - .se'veral thou-. sand jcnenof New England . origin propose to einiOate under the au-spices of - some su - eh ar rangement,this very sututner. or the . whole etruOttion flout Europe., amounting to some forty thousand persons,. there can .be no diti cnltyl in inducing some thirty. or forty 611 , 1 W tate IR! sante course:" * • " k.speeially all it-prove an - advantage to diavd; t elmsetts, if she create the new State by tier KireSight, supply the necessities to its. in- Itattitrints-,•and open-it iu tile outset comtuu• nicati.,ns between th-Ar homes and her - ports and factories." •.• I t lt detertnines in the right way the insti mums of the unsettled Territories,' in le:s tnntiolian the discussion of them has required in Cong,res.." -having tliti% secured from the State 9f Massachusetts the color of legal authority to sanction their proceedingi, in perversion of the plain provisions. of act 9f-Congress passed in kursuance of the conqittition, the compa ny commenced operations by receiving -*sub scriptions to its capital . • stock, and exerting its Whole power to harmonize, combine, and direct, in the channel IL should mark out, all ihet t eleinents of oppojtion to the principles of Mite Kansas Nebraska - ant., .The plan adopt ed ;teas "to make it the interest of a large ta:sly.of men, who sympathized with them in the', objects of the corporation, to receive tliOr aid and protection, end under the au spiees Of the arinpany, to proceed to Kan istr. and acquire whatever residence, and do whatever. acts, might be found necessary to enable them to vote at the elections, .and threugh the ballot . box, if possible, to gain control over-the legislation of the Territory. This movement isjuittfied by chose who or iginti!.ed and control • the plan, upon the ground that the persons whom they sent to Kansas -there fre=e`" inenovho under the. con striation and laws, had a perfect right to eti3i-. , • i grate to Kansas or any other Territory ; that the act of einigratidn was entirely voluntary on !their part; and rarhen they arrived in the tetritory as. actual settlers, they had as good rrght as any other citizens to vote at the e t tecuons, and participate in the control of 113 e goverau2eut of the:Territory. This would imaoubtedly be true in a ease of ordinary igistion, slush as has 'filled up our new §tatm-nad-Territories, where each. individ - ua l 4, 1 15 gone; on his own" account, to .improve h!: - • e, asquellanna Cattiitn, Vent'a, q;ljarshp, °ruin, dune, 2U,1 1150. limited the capital tiv millions of d'ol whole to be invested with the provis ,orMion hhall not hold ho n w•ealth (Masnae Leeding ,twenty . thou-. condition, slid that of hisfatnily. • But it is a very different thing whets, a State creates a vast rnoneyd corporation r the purpose of controllingithe dom e stic institutions of a dis tinct political community fifteen hundred miles dist*, and sends out the emigranta only as a Means of accomplishing its para mount political objects. When a powerful "corpornuoo, with a capital of five millions of dollars invOrsted in houses and lands, in mer chandise 44 mills, in cannon and rifles, in powder and lead—in all the implements of art, agrion)tare, and war, and 'employing. ° a corresponding number of meti, all under the management and control of non-resident di rectors and stocklicwho are authorized by their charter to vote by proxy, to the ex tent of fifty votes each, enters a distant and • sparsely settled Territory .with the fixed pur poke of, wiaWing all its power to control the domestic ipstitutittas and political destinies of the Teqaory, it --Istwutrres :i question of fearful -44°n how far the .operations of the corepany are compatilife with , the rights and liberties or the people. Whatever may ,be the extetit.s or limit of congressional authority ever the Territories, it: is-clear' that St4to has the right to pass any law or authorize ;any act concerning or Affecting the Territuriek which it arightnot enact in ref erence to any 'tither Saute, • If the People of any - State should become o mach tinatuured w.itit. their oen- peculiar Pisani :ioes as to couetive • the philanthropic - s c heme of, forciumao Seat a blessing on their neighbors; and with • that, view shitUld ci-eate a mainalioth moneyed corpora t-ion for t4ie avowedpapose of sending a stir nuMber of- thilt young men - into the neighboriiigSuite, to remain lung enough .to the right •91 eeting;.t•ith the fixed and para mount- object of reveiseingthe settled pliey And changiug • the. demestic iustituti•ons of such Slat*, would it not be deemed an act of aggresSion,a4 offensive and flagitipt as if at temptedhv direct and ,open violence I It. is a well settled principle:tor constitutional law, in this eliary, that while ail the States of the Unioit are united-in one for certain pur poses, yet!eaeh State, in respect to everything that etteels its domestic pulicy and internal concerns, tuinds in relation of a foreign pow er to every other:State. . I-lent:eon° Stato his a right to pass Talc law, or dtor authorize any art, with the view - toln'tluence or thange the 'domestic pel-• icy of atiy other Suite or Territory of the Un ion, morettthan it • Woeld with- reference to France - or', England, .or, any other foreign Suite withl which WA' .are at, peace. Indeed, every State - of this- enion is . under higher ob • ligations tu.obserye • a'_ friendly f. , rilearance and gener9us comity towards each . other anetnber of the coni'J;le.raey than . the-laws - Of nations can impose,on foreign States. While foreign States are retrained from . all aet s of aggr`e.ssion r and;.itnk.i.:lo,e,ss only by that spit.: it of comity. which -lee laws of nations enjoins taper) rat friendly' pcivers; we have assumed the addiii.Mal oldietion to obey the - consti , every'State the right to:control its owu inteinat nance to domestic slavery can jtietify chusetts it incorporating a mammoth , compa ny to inflitence• and eontol that. gee in any State '9r Territory of this Uniunjlie same principle of action would authorize Frantic:, or England tb use the same 'means to; accom plish the - same end in Brazil .or Cuba, or in% fifteen States of thii Union ; while it would lieenseali4 'United States to iuterfere with serfdom in lissia;or- polygamy in Turkey, or any -other obnoxious institution in Any part of the world. The same prineiple of - action, when Sanctioned by - our exatnple, -would'authorizetill the kingdoms, I and em pires, anddespotisins in the world tu'engage . in a. comm on crusade against republieaui'on in Ameriea, as aniastiuttion . quite as obnox ious to them, as domestic slavery is ' to any portion-of the people o( the 'United''States. - If our Obligations arising under the laws of natiouS are soimixamive as to make it our 7 dutylto enact neutrality hies, and to ex ert-the whole power and authority of the ex ecutive blanch of the government, including thearmi.and navy, to enforce:them, in re strainitig.oureaizens from interfering Y ith the internal concerns of' foreigu States, I can the obligations-of each. State and Territory of this-Union be leeslinperittiye, under the fed eral constitution, to observe entire neutrality in respeck, to domestic the:sev eral Statis and Territories? Non-interference with the internal concerns of other States, is - recognized by all civilizelcountries as al fun; datnental principle - of the laws- of nations, for the reason that the peace of the world cannot be maintained a single day without it.. Ilow, thencanl we hope to preserve - peace and fra ternal feelliugs among. the different portions.' of this r4public, unless we yield implicit obe dienee tx) :Vprinciple which has all ' the. Sane tioh of patriotic duty as well as constitution al oblig4tion , 'Wlieti the Emigrants sent Out by the' sach.usetis Emigrant Aid Company, and; their , - affiliated societies, passed _ through the iState ' of-Misso9ri in large nutnbers.on, their Way•to ' Kansas,ithe violence of their - language', and the unmistakable indicatiotis of their deter mines hostility to the domestic institptiens of /hat state, created apprehensions test the Object a the company was . to abolitionize Kansas tis a means of prosecuting a relent less Warfare upon the institutions of slavery within the limits of Missouri. These appre hensions; increased - and spread with the pro- 1 greys or'events, utitil they became the nettled convictions of the people of that -portion of the State most - •exposed to the danger by their prOxiinity to the Kansas border.; The natural consequence was, that I inim,ediate steps 'wore taken by . the people of the wes-_ tern counties of Miss.otiri to stimeltap, organ-- andicarry into effect a system of -emigra tion similar to that of the Massachusetts Em igrant-Aid Company, for; the avowed pur pose or 6 ounteia,aing-the"effects, and protect ing themselves and their doinestic institutions &wit dip consequences of that company's op crationt The material difference in the character of the two; rival and•contlicting Movements con slits in4he fact that the -one had its origin in an aggressive, and the other in a defen sive policy. The one waa organized in• pur suance.l!of the provisions and claiming 'to act under - the authority of a legislative enact !meat of.a distant State, whose internal pros perity and domestic security did not depend upon the success of the Movement; while the other. was thh spontaneous action of the peo - pie living in the immediate' vicinity of the tiftastre'. , of operations, excited .by a sense of common danger to the necessity of protect :l. ing their own firesides from the apprehended horrors of ;servile insurrection, stud intestine, war. Both parties, conceiving it to be essen tial to the"sucoess of their respective plans that they should be upon the field of opera tions prior, to' the first election in the Territo ry, selected principally. young' men, persons unencumbered by families, and whose condi tions in life enabled them to leave at a mo . - ments warning, and move with great celerity, to go at once, and select and -occupy the most eligible sites and favored locations in the Territstry, to be held by themselves and thdir aastreiates who should follow them.— For - the successful proseaution of such a scheme, the Missourians, who Lived in the immediate vicinity, pos sessed peculiar ad- , vantages Over their rivals from the more re mote portions of the Union. Each family could send one of its members across the line to mark out its claim, erect a eabin,an I put in a small crop, sufficient to give him as valid a right to be deemed an actual settler and qualified voter, as those who were being imported' by the emigoint aid societies. In an unocupital territory, where the lands.have not beeuisurveyed, and where there were no tnarks or lines to indicate the boundaries of sections anti quarter sections, and where no legal title coutd be had until after the • sur veys should be made, disputes, quarrels, vio lence, and bloodshed might have been expect ed as the natural and inevitable consequen ces of sitch extraordinary systems of ensigra tion, which divided and arrayed the settlers , i in two great hostile parties, each having an inducement to clatm more than was his right iu otoer l to hold it fur sonte newt Comer of his own' party, and at tlfe - same time , prevent persons belonging, to thevpposite party from settling in the neighborhood. As a result of this, state of things , the great mass of the em igaants from the Northwest an from other States, Who went there on thei wri account, with no:other object and inn ce, by no other motive than-to improve eir condition and secure 'good homes for heir families, were compelled to array the Ives undo. the banner of one of those hostile parties, in order to insure protection to themselves and their claims against the aggressions and vio lence of the other. At the first election held in the Territory, on the 29111 day of . November, 1854, for a delegate to Congress, W. Whitfield was chosen by an overwelruing majority, having I received the votes men of alt parties who were ie:favor (Attie principles of the Kansas Nebraska act, and opposed to placing the dt-stinies of thelTerritory in the keeping of the Abolition-party of the northern States, to be managed through the machinery otl their emigrant aid companies. No sooner was the result of the election known, than' the defeated party proclaimed, throughout, the len:slit and dreadtb of the repeblic, that it had,been produced by the invasion of the Territory by a Missouri mob, which liad overaWed and outnumbered and outvoted the boriafide settlers of the Territory. By refer-, enee to the executive journal of the Territory which :will be founine the pisees.Assished by the, Presipent of the United States in re sponse to a -call of the Senate, it will be found that Governor Reeder,' in obedience to what he considered to be a duty enjoined on him by the act of Congress organizing the TerritOry, on the 10th day of November, 1834, issued 'a 'proclamation, prescribing the time, ; . ilace and:mode of holding the - election, and appointing by . name three citizens of the Territory residing in . each election district to conduct the election in such, district, togeth er with the following oath, which was taken by the judges before entering on their duties, to wit: . "We do severally swear that we will per form Our duties as judges of the election, to be held this day, in the s----- distrait of the Territery',of Kansas; to the best of our judg tnent and ability ; ,that we will keep a cor rset and faithful record or list of perkais who shall Vote at said election.; that we Wiltpolls I -no tickets.from 'any person 'who is not an ac , tual bpna Ale resident an inhabitant of said Territory on the day of electios, and whom ' we shall not honestly believe to be , a voter ac cord ing to act of Congtwis organizing said Ter ritory that we will reject the votes Mall and everv'non-residedt whom we shall believe to have come into tne lernisey for trio there pur pose of voting ; that in all cases where we are iemosant, of the voter's right, we with:require le i gal evidence thereof, by his own oath or oth erwise ; that we will Make a true aisilaithful return of the votes which shall be polledao the gOvernor of the said Teilritory'.e! The same proelatnation pointed ;Out in de tail the mode in which the election, should be condtieted ; and, among other thinga, that the polls will be opened for reeseption of votes between eight and ten o'clock m., and kept ripen continually until six o'clock p. m ; that, ihe judges will kebp two corresponding lists ;of persons who shall vote, numbering each name; that when a despute ttrises as to the qualifications of a voter, the judges shall examine the voter, or any other Persons, un der oath, upon the sucjects and tne decision of atnajoritv of the board will be conclusive; that-when the'election chsse,ithe judges shall , open and count the votes,and keep two. corresponding tally-lists; and if the tally-lists shalbagree, the judges shall then - publicly proeliem the result, and shall make up and sign duplicate 'certificates in the, form pre-- scriSed ; and shall certify, (older their oath's,. that, the certificate is a true and correct return of the votes polled by lawful resident voters. The proclamation also provides that the tickets or votes polled ehall,after being calm ted,be again deposited in the bei, together with one copy-of the oath, and one list of the voters, and on tally list, and onee t ertifiente of return ; and that the judges shall seat them up:in the bOx, and carefully presetive the same until called for- by the governor-el said Ter ritory, in the eyent of its . correctness being contested ; and that the remaimog Copy of 'the 'oath, list of voters; tally-lists land return, will behaken by one of the judges, who shall delivier' the same in person to the 'governor, `/ The proclatnatiors also providliis 'that yln ease; any person or lemons shall dilute' the faireesti or correctness of the return of any election district, they shall make , a'written statement, directed to the governor, , and set ting ftirth ;the specifics cadge of memplaint . or errors in the conducting or retirning of the election in said didriot, signed by not less time ten qualified voters of' the 'lerritory,and with an affidavit of one , o'r. more }qualified vo tersito the truth of the / fact therein stated ; and the said complaint and affidavit shall - bes preseutedsto the Overnor on or-before the fourth' day of Deoeutheruext, sib= theprops er proceedings' will be taken to bear and do ! cide such complaint. • By; reference to the executive journal of the Territory, we find the following entry: "December 4, 1854._ The . judges of the several election districts made return,of the votes polled at the election held on the 29th day-of November last, for a delegate to the Rouse of Representatives of the United Suites; from which it appeared that the votes in the said several 'districts were as follows, to wit:" Here fellows a = list of the • votes cast for each of the seventeen districts of. the Turrito. ry, showing that . - - • J.W. Whitfield bad received 2,253 votes. All other- persons received 575:" And on the same page lathe following entry : "December 1854.—0 n examining and collating the returns, J. W. Whitfield is de clared by the-governor .to 'be duly elected delegate to the . Rouse of Representatives of the United States, and the same day certifi- eate,of the governot, under the-seal of the Territory, issued to said J..W. Whitfield 'of his election." It nowhere appears that Gen. Whitfield's right to a seat by virtue of that election was ever-contested. It does not appear that "ten qualified voters of the Territory" were ever found who were willing to make the "written statemeut directed to - the governor,with an af fidavit" of one.or more qualfied voters to the "truth of the fucis thermistated," to "dispute the fairness or correctness, or the returns," or to "set forth spacific cause,of complaint or errors in the conducting Or returning of the election," in anyone of theseventeen districts of the Territory. Certain Awe u~rurd nod Gave been ii - ajetem of" - iLaud nd violence such as has -been charged.,by the agents and supporpts of . the emigrant aid societies, unless the_ governor and judges of election were. parties to it; and your corn mitte are not prepared to assume• a fact so disreputable to them, and so improbable up on the state of facts presented, without ape .cific charges and direct proof. In the absence of all proof and probable truth, the charge thaithe Missourians had invaded the Territo- ry and controlled the congressional election by fraud and violence,was circulated through- the free States, and made the basis of the most inflammatory appeals to all men oppos ed to the principles of the Kansas-Nebraska act to emigrate or send emigrants to Kansas, for the purpose of repelling the invaders, and assisting their friends who Were thenlo-tbe Territory in putting down the' slave power, and prohibiting slavery , in Kansas, with the view of making it a freeState.,, Fi Esagerated accounts of the large number' of 4, nignints on their way under the auspices of the emigrant aid companies with the view of controlling the election, for tuerebers of the Territorial legislature, whivlr was to lake place on the 3tith of March, 1855, were published and cir culated. These accounts being republished and believed 'in Missend where the excite menthad already been inflamed to a fearful intensity, induced corresponding _effort to sontica4easi- an equal number, • to counteract the apprehended resuri or tars, 1101111 r 4ruporta. tion. Your committee have not been able to obtain definite and satisfactory information in regard to the alledged irregularities in con ducting the election, and.the number of ille gal votes on the 30th of March ; but, from the most reliablel sources of information ac-. cessible to your Committee, including various papers, documents, and statements,. kindly furnished by Messrs. Whitfield and Reeder, rival claimants of the delegate's seat in Con grim for Kansas Territory, it would seem that the facts are substantially as follows : The election' was - held in obedience to the proclaniation of the goVernor of the Territory; Which prescribed the mode of proceeding, the form of the oath and returns, the precaution ary safeguard against the 'illegal voting, and the mode of contesting the election, which were, in substance, the same as those already referred to in connexion with"the congression*- al election. When the period arrived for the governor to canvass the returns, and issue certificates to the persons elected, it appeared that protests had been filed against the fair ness of the proceedings and the correctness of the returnsy in seven out of the .eighteen elec tion districts into which the Territory had been divided for election purposes, alleging fraudulent and illegal voting by persons who were not actual settlers and qualified voters of the Territory. It also appears that in some Of these contested eases the . form of the oath administered to the judges, and of the re turns made by them, were not in conformity to the proclamation of the governor. After a careful investigation of the facts of each, case, as presented by the returns of the judg es, and the protests,and allegations of all per son who disputed the fairness of the electioo and the correctness of the returns, the gov ernor came to the 'conclusion that it. was pis duty to set aside the election in these seven disputed districfi; the effect of which was, to create two vacancies, in , the oeuncil,and nine in the house of representatives of the Tirrito-,` ry, to be filled by a near election; and tO changetbe result so far as to , cause the ter tificate (or one councilman and one represen tative to issue to different persons .than thOse returned as elected by the judges./Accord ingly the governor issued his writes for spec ial elections, to be held on tbel4th Of May, to fill those vacancies, and, 14.:the same time, granted l certificates of election to eleven coun cilmen and seventeen representatives, whose election ;had not been contested,and whom he adjudged to hive been fairly elected. At the special election/ to fill these vacancies, set asid for the r4tsona already stated, were re-elee-lid, and in the other 'districts different persons were returned ; and the governor having adjuged -them to have been duly elec ted, accordingly granted them "certificates of election/thus making the full complement of thirteen councilmen and twenttinx represen ta4ves, of-whom, by the organic law of the Territory,the legislature was to be composed. On the 17th day of April the, governor issued bis proclamation, summoning, these thirteen councilmen and twent y-six _ representatives, - . whom he had commissioned as ,beving been -raids' elected, to assemble at Pawnee City on 'the 2d day of July, and organiie as the leg islature of tbe Terntoryof Kansas. . It appears fiom the journal that the two houses did assemble; in obedience to the gay ernor's proclamation, at the time and place appointsid by him ; and, after the oath of of fice bad - been duly administered by One of the judges'of the supreme court of the Territory to eaeb 'of the members who held the govern ' or's cert ificate, proceeded to organize - their E. respective houses . by the eleotiou o *Auer, ftilitti.t - 13,, ',.71,4i1)0t...'-i'Zii: fivers; and each notified the other; by - r - rel '.. ,sq lution, that they were thus dilyorstinized, Also, by joint resolution, appointed a', Om mitts who waited on the goiternoroind ed him that. " the . two-halms -of -thriZioirtar iegistature are organized, 'and .are now reedy to proceed to business, mid to receive" suoh communication as he may deem neeessary; In response -1.() this joint . resolution, noisirio sage from the governory_by Mr; IDggi*"li. private secretary, transmitting his messati,-- was received,and - ordered to be read:" - The mrisge commences thus; "To ihellionorab/s; the Council an HAW: of Representatives of the Teiritom Ka* "Having been duly notified that your rep spective bodies have organize fOr the toer=. - formance of your official functions,l herewith submit. to you thinsual executive commiini- - cation relative to subjects of leesistion,which unersal and long-continued usage in sushi go s cases would seem - to demand, although no l3xpress requirement of it is to ha found in the act of Congress which has brought us into official duties. "The position which we occupy, ant the solemn trust which is confided to us for orig inating the laws and itistitutioni, and snout ding the destinies of a new. republiC in the . very--geographical centre of our yard' and magnificent confederation, cannot but im press us with a deep and solemn sense . of. the heavy responsibility whioh we have assumed, and admonish us to lay aside all selfish and equivocal 'motives, to discard -all unworthy . ends, and, in the spirit of justice • and clarity to each other, with pare hearts, tempered feeling, and sober judgments, to address our selves to our task, and so perform it in the ; fear and reverence of that God who oversees of work, that the star that ive expeceto.add to the national_banner shall be dimmed by no taint or -tarnish from: the inevitable fallibility . of just and upright men." The governor, with the_vie* to the "ascer tainment of the existing law" in the Territo ry, Proceeds to trace the history of all legisla tion affecting it since the country was acquit- ed frdra France, and advises the legislature to pass'such laws as the public inosrist might require upon all appropriate subjects of legis-. ration, and particularly the slavery' question, the division of the Territory into counties,the Organization - of county courts, the ideation of -_ i judicial - and ministerial officers, education, taxes, revenues, the location of the permanent seat of government, and the organization of the milita, as subjects worthy of their imme diate attention. From' this message, as well as from all the official acts of the governor preceaing . ing refererite to the election and return of the members.and the convening of the two houses for legislative business, the.conclusion is irresiiablb, that rip ta this period of time the governor had never Anceived the idea— if, indeed, he his since entertaia - it—that the two houses were spurious a raudnltint assemblies, having no, rightfalo.anthority pass laws which would be binding --etionthe -people of Kansas. On the .first day, of the --lon; and immediately tiontor tce• resolution'was adapted , - "Besotted; That allrpersons who' may de sire to contest the seats of any persons no* holding certificates of ;election as members of • this house, may, present their proteits the committee on credential; and Aat nodes thereof shall be given ; to the persoPs bottling such certificates. . - On the 4th day of July, (being the third day of the ses'sion,)' the majority of the con-. . mitte, including four of the five members, re- ' ported that, "having heard and examined all the evidence touching the matter cfingui ry before thevi,", and taking the organic of Congress, passed on the 20th day of May, in the year 1854, organizing the Territowee of Kansas and Nebraska, and their guiding star, they have at the conclusiou which they, proceed to elucidate and enforce in a lengthk - report.. From thii report, it. appears. that fif teen-out of twentrtwo members present were . permitted - to rete n, their seats by unanimou s consent, no one Appearing to contest or dis- - pute the fairness of the election, or regularity or truthfulness of the return, in either of their ases. fleece the contest was reduced to the claims, of one member who received the certificate under the general, electioP of the, 13th March,and the six members present, who received certificates under theipeciafelestion of the 24th' of May. .fp the first' else: the,- decision of the governor was reversed, and the seat awarded to the•candidate who received the highest numher of votes ,at the election on the 30th of March, and from, whom certificate had been withid by the go4rnor, - 17 upon the ground of irregularity in the eiec won and returns from one precinct, the exclu sion-of which poll gave the majority to' the opposing candidate. —ln the other six cases 'the sitting members were leprived of their . seat's ; and the candidates receiving the high estuumber of votes at the genetal election on the 30th of March were awarded their places, upen•the. ground that. the special election on the 24th of-May ,was illegal and -void, the governor not being authorized, by . the orgatv. is law of the Territory, to go behind the:re turns, and set aside the, election held on the 30th of March. The minority report dissents from the_reas7 cuing ; and protests against the conclusions of the majority, and affirms the right to Omit ting members to retain their seats, upon the ground that. the governor's certificate was not. merely prima-facie evidence, bit was conclu- - sive, in respect to the rights of all . claimants and 'contestant.% ; and hence the house could not behind the certificates of election to inquire Whether there had beans private elees tion in these districts un the 30th of March, and' who had received the highest number of legal votes at'eleotion.. The proposition is thus stated in the , minority . - report' " Kean not agree that this body has the riot to go behind the decisionsof the governor, who, by virtue of his office, is the . organizing federal, arm of thegenerallovernment,te, evolve and =nag* a new government for this 'Territo. iy, for • the °hymns reasoii that Congress makes him the sole judge -4 the queatics- • dons of membersnip. , : It is true, that the minority report alludes to " evidence ; before the cosiantitteti of grat 'Oficial:4es, *not in the form ttconducting thc4Notions, but in the manner of holdincthems both as to tbs. qualifications of thojudgesvho presided, and : the returns made out:by thka - , 1 !, .4114 , says , theie no" doubt that.tbe,illegallproceed ings on the one haw: indueed , the governor to withhold certificates fives some who, fop*, See foititA par, ' IES -CEASED, .. )eclared! -- iedargs thalright Osier/. igation of the Dasubeand )ooplo;-ot4iktequellanna' tbo *orta, that their totit to: Come to Alie Temp.
Significant historical Pennsylvania newspapers